United States v. Davis

Decision Date24 June 2019
Docket NumberNo. 18-431,18-431
Citation204 L.Ed.2d 757,139 S.Ct. 2319
Parties UNITED STATES, Petitioner v. Maurice Lamont DAVIS and Andre Levon Glover
CourtU.S. Supreme Court
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4049 cases
  • Weaver v. United States
    • United States
    • U.S. District Court — Southern District of Georgia
    • 2 Octubre 2020
    ... ... Id. E. 2255 Motion Petitioner timely filed the instant 2255 motion to vacate, set aside, or correct his sentence, raising the following claims. (1) Petitioner's conviction for conspiracy to use firearms during violent crimes, Count Two, must be vacated in light of United States v. Davis , U.S. , 139 S. Ct. 2319 (U.S. 2019), (doc. no. 1, pp. 4, 18-19, 21-23). (2) Petitioner's conviction for using, carrying, and brandishing a firearm during a crime of violence, Count Four, must be vacated in light of United States v. Davis , supra , (doc. no. 1, pp. 5, 18-19, 23-24). Page 8 (3) ... ...
  • Said v. United States
    • United States
    • U.S. District Court — Eastern District of Virginia
    • 19 Julio 2021
    ...Petitioner argues that Count Nine of the Second Superseding Indictment must be vacated because, in light of the Supreme Court's decisions in Davis and Johnson, the underlying conspiracy offense does not qualify as a predicate crime of violence pursuant to § 924(c). ECF 547; see United State......
  • United States v. Craig
    • United States
    • U.S. District Court — District of Columbia
    • 6 Agosto 2019
    ...514, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008). "[T]he tie must go to the defendant." Id. ; see also United States v. Davis , ––– U.S. ––––, 139 S. Ct. 2319, 2333, 204 L.Ed.2d 757 (2019) (stating that the rule of lenity "teach[es] that ambiguities about the breadth of a criminal statute should......
  • United States v. Saffarinia
    • United States
    • U.S. District Court — District of Columbia
    • 15 Enero 2020
    ...ambiguities about the breadth of a criminal statute should be resolved in the defendant's favor." United States v. Davis , ––– U.S. ––––, 139 S. Ct. 2319, 2333, 204 L.Ed.2d 757 (2019). "But to invoke the rule of lenity, a court must conclude that ‘there is a grievous ambiguity or uncertaint......
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19 books & journal articles
  • Dealing with Dead Crimes
    • United States
    • Georgetown Law Journal No. 111-1, October 2022
    • 1 Octubre 2022
    ...some measure of synchronicity for each type of federal lawmaking). 313. Bickel, supra note 108, at 63. 314. United States v. Davis, 139 S. Ct. 2319, 2325 (2019); see Low & Johnson, supra note 175, at 2053–54 (identifying an “antidelegation” principle in the Court’s vagueness decisions). 138......
  • THE TRAJECTORY OF FEDERAL GUN CRIMES.
    • United States
    • University of Pennsylvania Law Review Vol. 170 No. 3, February 2022
    • 1 Febrero 2022
    ...544 (2019); Quarles v. United States, 139 S. Ct. 1872 (2019); Rehaif v. United States, 139 S. Ct. 2191 (2019); United States v. Davis, 139 S. Ct. 2319 (2019); Shularv. United States, 140 S. Ct. 779 (19) See cases cited supra note 18. (20) See Miller, 307 U.S. 174, 175, 183 (upholding the Na......
  • JUSTICE BY LUCK: HOW UNCLEAR RECORDS FORCE SOME UNLUCKY PRISONERS TO SERVE UNCONSTITUTIONAL SENTENCES IN THE WAKE OF JOHNSON V. UNITED STATES.
    • United States
    • Washington University Law Review Vol. 98 No. 1, September 2020
    • 1 Septiembre 2020
    ...definition of "crime of violence," which contains a residual clause virtually identical to the one in the ACCA); United States v. Davis, 139 S. Ct. 2319 (2019) (citing Johnson and holding unconstitutional the residual clause in 18 U.S.C. [section] 924(c), which concerns the use of a firearm......
  • On Equipoise, Knowledge, and Speculation: a Unified Theory of Pleading Under the Defend Trade Secrets Act -- Jurisdiction, Identification, Misappropriation, and Inevitable Disclosure
    • United States
    • University of Georgia School of Law Journal of Intellectual Property Law (FC Access) No. 27-2, 2020
    • Invalid date
    ...lawsuit against her employer, fell within DTSA's immunity provision, 18 U.S.C. §1833(b)).10. See, e.g., United States v. Davis, 139 S. Ct. 2319, 2333 (2019) (noting that the rule of lenity "is founded on 'the tenderness of the law for the rights of individuals' to fair notice of the law 'an......
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